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RECORD v. HUDSPETH

No. 2418.

126 F.2d 215 (1942)

RECORD v. HUDSPETH.

Circuit Court of Appeals, Tenth Circuit.

February 20, 1942.

Attorney(s) appearing for the Case

George B. Powers, of Wichita, Kan., for appellant.

Summerfield S. Alexander, U. S. Atty., and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Appellant, Oren Lester Record, seeks release from the federal penitentiary at Leavenworth, Kansas, by writ of habeas corpus. He has appealed from the decision of the United States District Court for the District of Kansas denying his application for the writ.

An indictment containing two counts was lodged against him in the United States District Court for the Eastern District of Missouri. The first count charged

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